Browsing Faculty of Law by Author "Nortje, Windell"
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Child soldiers and the defence of duress under International Criminal Law
Nortje, Windell; Quénivet, Noëlle; Macmillan, Palgrave (Routledge, 2021)Atrocities committed by children are frequently explained away by arguments of coercion: children are forced by commanders to participate in acts of extreme violence, threatened with brutal punishment if they fail to ... -
Compensation orders in criminal proceedings - a fresh perspective
Hamman, Abraham; Nortje, Windell (Litnet Akademies, 2017)South African courts have to deal with the sentencing of convicted accused on a daily basis. While presiding officers are well-trained and experienced in sentencing matters, it seems that compensation orders are not generally ... -
Die bekendmaking van die identiteit van anonieme minderjariges by meerderjarigheid: regverdigbaar of nie?
Hamman, Abraham; Nortje, Windell (LitNet Akademies, 2016)Die identiteit van minderjariges word nie bekendgemaak tydens hofverrigtinge nie. Sowel getuies as slagoffers en oortreders kry hierdie vergunning en word deur die wetgewer beskerm. Hierdie beskerming verval egter wanneer ... -
A fresh perspective on historical sexual abuse: the case of Hewitt v S 2017 1 SACR 309 (SCA)
Nortje, Windell; du Toit, P. (Academy of Science of South Africa, 2017)Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few ... -
Section 9b of the protected disclosures amendment act 5 of 2017: Discouraging whistleblowing in South Africa?
Nortje, Windell (University of the Western Cape, 2018)The Protected Disclosures Act 26 of 2000 provides protection for individuals who blow the whistle on corrupt activities in South Africa. The Protected Disclosures Amendment Act 5 of 2017 widens the scope of the original ... -
Vergoedingsboetes in strafregtelike verrigtinge - ʼn vars perspektief
Hamman, Abraham; Nortje, Windell (Litnet Akademies, 2017)South African courts have to deal with the sentencing of convicted accused on a daily basis. While presiding officers are well-trained and experienced in sentencing matters, it seems that compensation orders are not generally ... -
Victim or villain: exploring the possible bases of a defence in the Ongwen case at the International Criminal Court
Nortje, Windell (Brill Academic Publishers, 2017)The reality of child soldiers who join rebel forces once they reach adulthood pres¬ents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection ... -
Warrantless search and seizures by the South African police service: Weighing up the right to privacy versus the prevention of crime
Nortje, Windell (Academy of Science of South Africa, 2021)The constitutional right to privacy is enshrined in section 14 of the Constitution of the Republic of South Africa, 1996. It is premised on the notion that all persons should be protected from intrusions on their privacy ...